Karnataka High Court
Ramayya @ Ramappa And Anr vs Md.Abukar @ Abukbakar And Ors on 6 November, 2024
-1-
NC: 2024:KHC-K:8150
MFA No. 202169 of 2019
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
MISCL. FIRST APPEAL NO. 202169 OF 2019 (MV-D)
BETWEEN:
1. RAMAYYA @ RAMAPPA
S/O. LATE. SIDDRAMAPPA @ SIDDRMAYYA,
BYATIGER, AGE: 40 YEARS, OCC: COOLIE WORK,
2. YELLAPPA S/O. LATE.SIDDRAMAPPA
@ SIDDRMAYYA, BYATIGER,
AGE: 38 YEARS, OCC: COOLIE WORK,
BOTH RESIDENT OF VILLAGE SAGAR (B),
TQ: SHAHAPUR, DIST: YADGIR.
...APPELLANTS
(BY SRI. SIDRAMREDDY VENKANNA REDDY, ADVOCATE)
Digitally signed by
RENUKA AND:
Location: HIGH
COURT OF 1. MD.ABUKAR @ ABUKBAKAR
KARNATAKA
S/O. MD. AHMED HUSSAIN
@ AHMED HUSSIN CHOORI,
AGE: 44 YEARS, OCC: DRIVER,
R/O: SAGAR, TQ: SHAHAPUR,
DIST: YADGIR-585323.
(DRIVER CUM OWNER OF AUTO
REG.NO.KA-33/5478).
2. THE BRANCH MANAGER
RELIANCE GENERAL INSURANCE CO. LTD.,
48TH BLOCK ASIAN PLAZA COMPLEX,
-2-
NC: 2024:KHC-K:8150
MFA No. 202169 of 2019
STATION ROAD, SV PATEL CHOWK,
KALABURAGI-585104.
(INSURER OF THE OFFENDING VEHICLE).
3. BHAGYASHREE D/O RAMAYYA
AGE: 22 YRS, OCC: NIL,
R/O: SAGAR, TQ: SHAHAPUR,
DIST: YADGIR-585323.
4. ANJAPPA S/O YELLAPPA BYATIGAR
AGE: 15 YRS (MINOR), OCC: STUDENT,
U/G OF HER NATURAL MOTHER BY NAME
MALLAMMA W/O. RAMAYYA BYATIGAR,
AGE: 39 YRS, OCC: HOUSEHOLD,
R/O: SAGAR, TQ: SHAHAPUR,
DIST: YADGIR-585323.
...RESPONDENTS
(BY SRI. SUBHASH MALLAPUR, ADVOCATE FOR R2;
V/O. DTD: 27.01.2022 AND 27.06.2023 RESPECTIVELY
R1, R3 AND R4 ARE DISPENSED WITH).
THIS MFA IS FILED UNDER SECTION 173(1) OF MVC ACT
1988, PRAYING TO, A) CALL FOR THE RECORDS IN MVC NO.
56/2013 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL.
MACT AT SHAHAPUR. B) ALLOW THE ABOVE MISC. FIRST
APPEAL AND AWARD COMPENSATION OF RS. 6,70,000/-
ALONG WITH INTEREST AT 9 % P.A. BY MODIFYING THE
JUDGMENT AND AWARD DATED 09.04.2018 PASSED BY THE
SENIOR CIVIL JUDGE AND ADDL. MACT AT SHAHPUR, IN MVC
NO. 56/2013.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
-3-
NC: 2024:KHC-K:8150
MFA No. 202169 of 2019
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM)
Captioned appeal is filed by the claimants
questioning the quantum determined by the Tribunal in
MVC No.56/2013.
2. The appellants herein are the children of one
late Siddramappa, who had filed a claim petition for having
lost their father in a road Traffic accident dated
28.02.2011. The Tribunal, on the ground that the children
are major, has declined to grant compensation under the
head of loss of dependency and has totally awarded a sum
of Rs.1,60,000/-. Being aggrieved by the same, captioned
appeal is filed.
3. Heard learned counsel for the appellants and
learned counsel for the respondent No.2/insurance
company.
NC: 2024:KHC-K:8150
4. The issue in regard to entitlement of
compensation by major children, on account of death of
parents is no more res-integra and is given quietus by the
Hon'ble Apex Court in the case of National Insurance
Co. Ltd. Vs. Birender and others reported in (2020) 11
SCC 356. In the light of law laid down by Hon'ble Apex
Court in the judgment cited supra, the finding recorded by
the Tribunal in denying compensation towards loss of
dependency is erroneous and would warrant interference
at the hands of this Court.
5. Applying the principles laid down by Hon'ble
Apex Court in the judgment cited supra, this court is of the
view that claimants are entitled for compensation under
the end of loss of dependency. In absence of income
proof, this Court is inclined to rely on the income chart
prepared by Karnataka State Legal Services Authority.
Accident is of the year 2011. Hence, income of the
deceased is nationally assessed at Rs.6000/- and the fact
that disease was aged 54, 10% future prospects is added
NC: 2024:KHC-K:8150
and income is assessed at Rs.6600/-. After deducting
1/3rd, income is assessed at Rs.4400/- and by applying
multiplier of 11 compensation of works out to
Rs.5,80,800/- and the same is awarded under the head of
loss of dependency.
6. Under conventional head, both the claimants
together are entitled for a sum of Rs.40,000/- each
towards parental consortium and Rs.30,000/- towards loss
of estate and funeral expenses, totally amounting to
Rs.1,10,000/-. Since, accident is of the year 2011,
applying the principles laid down by Hon'ble Apex Court in
the case of National Insurance Co. Ltd., Vs. Pranay
Sethi reported in (2017) 16 SCC 680, Rs.22,000/-
escalation is added to Rs.1,10,000/-. Hence, total
compensation re-determined is as under:
Sl. Heads Amount
No.
1. Loss of dependency Rs.5,80,800/-
2. Conventional heads Rs.1,10,000/-
3. Escalation Rs.22,000/-
Total Rs.7,12,800/-
NC: 2024:KHC-K:8150
7. For the reasons stated supra, this Court passes
the following order:
ORDER
i. Appeal is allowed in part.
ii. Claimants are entitled for enhanced
compensation of Rs.5,52,800/- with
interest at the rate of 6% from the date of
petition, till realization of entire
compensation amount.
iii. The apportionment of compensation shall
be in terms of judgment of the Tribunal.
Sd/-
(SACHIN SHANKAR MAGADUM)
JUDGE
NJ
CT-SW
